Acórdão nº 074109 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1987
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 06 de Janeiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT CONSULTA RLJ ANO84 PAG229.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 ART487 N1 ART493 N2 ART496 N1 ART508 ART566 ART805 N3. CPC67 ART659 N2 ART664 ART713 N2 ART726 ART749 ART762 N1. CE54 ART5 N2 N3 ART7 N1 ART58 N4 N5.
Jurisprudência Nacional: AC STJ DE 1984/07/05 IN BMJ N339 PAG364. AC STJ DE 1982/10/14 IN BMJ N320 PAG422. AC STJ DE 1983/11/03 IN BMJ N331 PAG504.
Sumário : I - Do facto de um veiculo ter ido chocar com o que o precedia, por o respectivo condutor não o ter feito parar no espaço livre e visivel a sua frente, não e possivel concluir que o condutor transgrediu a regra do n. 1 do artigo 7 do Codigo da Estrada, podendo o acidente dever-se, por exemplo, a mera inconsideração (falta de reflexão), que não a excesso de velocidade. II - Em materia de acidentes de circulação terrestre e aplicavel o disposto no n. 1 do artigo 487 do Codigo Civil - que dispõe incumbir ao lesado provar a culpa do autor da lesão, salvo havendo presunção legal de culpa -, e não o disposto no artigo 493, n. 2, do mesmo diploma legal, como se fixou no assento de 21 de Novembro de 1979, do Supremo Tribunal de Justiça. III - Em materia...
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